(a) Applicability. With the exceptions of produced water and oil and gas NORM waste that meets the exemption criteria of 25 TAC §289.259 (relating to Licensing of Naturally Occurring Radioactive Material (NORM)) as a result of treatment or processing at a facility specifically licensed by the TDH, no person may dispose of oil and gas NORM waste by injection into a well without a permit issued under §3.9 of this title (relating to Disposal Wells) that specifically allows disposal of oil and gas NORM waste. The provisions of this section apply in the case of oil and gas NORM waste disposal permits issued under §3.9.
(b) Standards for permit issuance. The Commission shall issue a permit to dispose of oil and gas NORM waste under §3.9 of this title (relating to Disposal Wells) only if the Commission determines that the subject oil and gas NORM waste will be disposed of in a manner that protects public health, safety, and the environment. Any permit to dispose of oil and gas NORM waste issued pursuant to §3.9 shall contain construction and operating requirements that are reasonably necessary to protect public health, safety, and the environment.
(c) NORM information. In addition to the application requirements of §3.9 of this title (relating to Disposal Wells), an applicant for a permit to inject oil and gas NORM waste shall include the information specified in this subsection. The Commission may require the applicant to provide any such additional information as may be necessary to show that the proposed disposal protects public health, safety, and the environment.
  (1) The applicant shall describe the physical nature (such as pipe scale, contaminated soil, or basic sediment) of the oil and gas NORM waste to be disposed of;
  (2) The applicant shall state the total volume of oil and gas NORM waste to be disposed of or the proposed rate of oil and gas NORM waste disposal; and
  (3) The applicant shall state the maximum measured radioactivity level of the oil and gas NORM waste (in pCi/g of Radium-226 combined with Radium-228, and any other NORM radionuclide) that will be disposed of.
(d) Notice requirements. An applicant for a permit to inject oil and gas NORM waste under §3.9 of this title (relating to Disposal Wells) shall provide notice as required in that section and shall include in such notice the information required in subsection (c) of this section.

Source Note: The provisions of this §4.617 adopted to be effective March 3, 2003, 28 TexReg 1838